Pleadings and fundamental dishonesty: Howlett affirmed as film director’s compensation claim is dismissed - Jeff Turton, Weightmans LLP
26/09/18. David Pinkus v Direct Line [2018] EWHC 1671 is an example of another claim being dismissed under section 57 Criminal Justice and Courts Act 2015. The claimant raised a preliminary issue as to whether the defendant should be prevented from arguing the claim was dishonest at all. The facts The claimant was involved in a road traffic accident on 21 August 2012 with the defendant’s insured. Liability was admitted, but the value of the claim was hotly disputed. The claimant, who claimed that he suffered from profound psychological/psychiatric symptoms which resulted in his loss of a job as an assistant film director, valued his claim at £850,000. The defendant accepted that the claimant sustained some injury but, having identified a significant number of credibility issues in respect of the claim, valued it more conservatively at £2,000-£3,000. The claimant raised a preliminary issue at trial, which was that the defendant was not entitled to argue the claim was fundamentally dishonest, on the basis that the issue was raised too late and the related pleading was defective.
The pleadings issue
In its updated counter schedule of loss, which was served less than one month before trial, the defendant contended that the claim was fundamentally dishonest. The original defence made no such allegation.The claimant objected to...
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